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SmallMediumLarge PrintRICO Liability for Manufacturers?

Until the U.S. Supreme Court’s decision in Medical Marijuana v. Horn, the common view was that since a plaintiff could not recover under RICO for personal injuries, the statute also precluded recovery for business losses or property damage stemming from injuries to a person. Claims for damages allegedly due to a plaintiff’s personal injuries, the majority of courts held, were not cognizable under RICO and needed to be brought as state law tort claims.

November 25, 2025Expert OpinionLiability Is Just One Click Away!

In Oberdorf v. Amazon.com, the plaintiff filed suit against Amazon alleging the product she purchased from a third-party vendor was defective. Although the U.S. District Court for the Middle District of Pennsylvania held Amazon was not a "product seller" within the meaning of Section 402A, the U.S. Court of Appeals for the Third Circuit disagreed, finding that Amazon qualified as a product seller, thus expanding the scope of strict products liability to include online sales platforms.

February 05, 2024CommentaryThe Metaverse of Products Liability: Are Tech Companies 'Products'?

These novel claims test the limits of products liability law and run afoul of basic products liability principles, as tech companies are not product sellers and the electronic communication platforms they offer are not products within the meaning of products liability law.

January 17, 2023CommentaryThe Case for Application of Comment k to Manufacturing Defect Claims

Comment k to Section 402A of the Restatement (Second) of Torts precludes all strict liability claims arising from injuries caused by certain categories of products, including prescription pharmaceuticals and medical devices.

May 27, 2021Commentary'Tincher' at 5 Years Old: A Vision Partially Realized

Five years ago, the Pennsylvania Supreme Court undertook to modernize Pennsylvania products liability law in its seminal decision of Tincher v. Omega Flex, 104 A.3d 328 (Pa. 2014).

January 25, 2019CommentaryThird Circuit Now 'Encompasses' Pre-Service Removal

Pre-service removal, sometimes also referred to as “snap removal,” is a proper and legitimate method to secure a federal forum.

December 06, 2018AnalysisDespite Developments in Pa. Products Liability Law, Still No Duty to Recall

The last several years have brought significant developments to Pennsylvania products liability law, ranging from the Pennsylvania Supreme Court's decisions in Tincher v. Omega Flex and Lance v. Wyeth to rulings on the scope of evidence in the trial of a products liability case, to the application of the Pennsylvania Fair Share Act to a strict product liability claim.

January 29, 2018CommentaryThe Gist of the Action Doctrine for Products Liability Cases

Pennsylvania recognizes the gist of the action doctrine in the realm of contract law. This claims-limiting rule ensures that a breach of contract case is focused on the terms of an agreement and the parties' performance of their ­contractual obligations. Claims based in tort, such as misrepresentation or fraud, are routinely dismissed and the cause of action limited to one for breach of contract.

January 31, 2017Products Liability, Mass Torts & Class ActionAfter 'Tincher,' Tried and True Products Liability Defenses Remain Just That

Since the Pennsylvania Supreme Court's 2014 decision in Tincher v. Omega Flex, courts and practitioners alike have struggled to discern the legal standard for determining whether a product is defective under Pennsylvania product liability law.

January 26, 2016Work-Product Privilege Outweighs Broad Expert Discovery

In Barrick v. Holy Spirit Hospital, 2014 Pa. LEXIS 1111 (Apr. 29, 2014), a divided Pennsylvania Supreme Court left in place a decision of the Pennsylvania Superior Court creating "a bright-line rule denying discovery of communications between attorneys and expert witnesses."

May 19, 2014LitigationPrevious12NextFor YouLoading For You...

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